STATE OF UTTARAKHAND Vs. SAHAB SINGH BISHT

JUDGEMENT

(1.) This government Appeal under Sec. 378(1) and (3) of the Code of Criminal Procedure, 1973, challenges the Judgement and order dtd. 12/8/2021 rendered by the Fast track Court/Special Judge (POCSO)/ Additional District and Sessions Judge, Dehradun, in Special Sessions Trial No. 143 of 2019, whereby the accused-respondents were acquitted of charges under Sec. 376(2)(l)(n) IPC and Ss. 5(k)(l)/6 and 17 of Protection of Children from Sexual Offences Act, 2012 (hereinafter referred to as "POCSO Act" .

(2.) The State's case, in summary, is that FIR No. 0123 of 2019 was lodged on 2/10/2019 at Police Station Raiwala, District Dehradun, based on allegations made by the complainant - the mother of the victim, a 12-year-old mentally challenged minor girl. The complainant alleged that respondent No. 1, Sahab Singh Bisht, repeatedly sexually assaulted the victim over the course of a month, with the active connivance and abetment of respondent No. 2, Meena Devi. After the investigation, a charge sheet was filed. However, upon trial, the learned court below acquitted both respondents.

(3.) Learned counsel for the appellant-State contended that the Trial Court committed grave error in acquitting the respondents despite the presence of credible and consistent testimonies, particularly of the victim and her parents. It was submitted that the victim had categorically named Sahab Singh Bisht as the perpetrator and Meena Devi as an abettor.